Despite the bail, freedom could not escape Imran

ISLAMABAD/RAWALPINDI:

The Islamabad High Court (IHC) on Tuesday provided major relief by granting PTI founder Imran Khan post-arrest bail in the Toshakhana-II case.

Despite being granted post-arrest bail, the PTI founding president’s release from prison continues to be ensnared in a web of legal hurdles.

In a late-night development, the PTI founding president found himself in deeper legal waters after he was formally arrested under the Anti-Terrorism Act (ATA) in connection with charges of police resistance, arson and rioting.

The arrest, which comes after the Islamabad High Court (IHC) order granting him bail in the Toshakhana case, adds to the pressure.

The latest arrest of the imprisoned leader adds another case to the growing list; Many are expected to be released on bail.

According to sources, the police arrested him in the case related to the protests recorded at New Town Police Station on September 27 and 28.

The protests were linked to allegations of arson, obstruction of police officers, damage to government property and violations of the Anti-Terrorism Act (ATA), specifically sections 7 ATA, 21-I ATA, as well as sections 353, 186, 285, 286. 148, 149, 427, 109 and 188 of the Pakistan Penal Code (PPC).

The case was filed by Sub-Inspector Umar Siddique. Rawalpindi police spokesperson confirmed the arrest.

An investigation team led by SSP Investigation Saba Sattar is currently conducting the investigation. The PTI founder will be produced in court on Thursday (today) to seek physical remand and the investigation will continue after the remand hearing.

Earlier, the IHC had granted bail to the former prime minister on a surety of Rs 1 million and directed the authorities to release the accused.

However, the court said that bail could be withdrawn if the defendant does not cooperate with the trial process.

“The petitioner is cautioned not to abuse the bail privilege and not to appear before the learned trial court on every date of hearing unless special relief is granted by the said court. In case the petitioner abuses the bail privilege, the Prosecution may file an application for withdrawal of the bail order.” needless to say,” read the short order.

Granting bail does not guarantee Imran’s release from jail as he is facing many other cases for which he is yet to be granted bail.

Justice Miangul Hassan Aurangzeb pronounced the verdict on the PTI founder’s bail petition.

During the hearing, the court was questioned about what action was taken against the three customs officials responsible for the incorrect evaluation of the Bulgarian jewelry set.

The FIA ​​prosecutor said it was a mistake on their part but not criminal misconduct by the stewards. He added that NAB has not recommended any disciplinary action against these officers.

The jewelery set was never handed over to Toshakhana, the official said, adding that the accused managed to undervalue the set and damaged the national exchequer.

He said the PTI founder and his wife took advantage of this. He also said that the court granted bail to Bushra Bibi but she did not appear before the trial court which delayed the indictment process.

He said the PTI founder misused his position and threatened the person responsible for ascertaining the value of the jewelery set.

Defense lawyer Advocate Salman Safdar argued that his client was accused of abusing his position for personal gain. He pointed out that despite Bushra Bibi’s name appearing on the receipt, the Challan did not clearly state the identity of the main accused. He emphasized that the roles of both defendants in the crime remain unclear.

The case was registered with a delay of over three years, the lawyer said. Toshakhana Policy of Gifts II of 2018. He said it was taken within the scope of the department.

He stated that regardless of the value of the jewels, the equivalent amount was paid, adding that the witnesses changed their statements three and a half years later.

Speaking about the previous PTI-led government, Justice Miangul Hassan said that the previous government was not willing to provide information to Toshakhana despite court inquiries. This government was of the view that Toshakhana details should not be made public.

After hearing the arguments, the court decided to release the PTI founder on bail.

cases

The case document details that the PTI founder allegedly called for a protest from Adiala Jail and urged party leaders and workers to join the demonstration.

Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur also publicly announced that he participated in the protest. However, the state government had imposed Article 144 banning public gatherings on both September 27 and 28.

Opposing this, 45 protesters led by PTI members, including Ajmal Sabir, gathered at the protest site where they shouted slogans against the government and state institutions.

Despite being warned about the ban, they resisted and allegedly set fire to clothing and other items while throwing burning objects at a police vehicle.

While five protesters were arrested during the chaos, notables like Seemabia Tahir and Rashid Hafeez and 25-30 other protesters managed to escape from the scene.

Allegedly on the orders of the PTI founder, protesters engaged in violent acts, blocked roads and committed criminal acts against the government and state institutions in violation of the ban on protests.

As a result, a formal lawsuit was opened against them.

According to details, five bail bonds are yet to be filed for cases related to the May 9 violence, including the GHQ attack case.

Moreover, the jailed leader’s name is also mentioned in three other cases linked to two separate protests, leaving him vulnerable to arrest by the Rawalpindi police.

According to sources, although Imran has secured bail in 12 cases registered in Rawalpindi related to the May 9 incidents, his legal team has not submitted bail bonds to the anti-terrorism court (ATC) for five of them, including the GHQ attack case.

To add to his troubles, Imran was also involved in a protest in September that was reportedly planned through a phone call from Adiala Jail. The resulting violence led to a case being registered at the New Town Police Station, which authorized the Rawalpindi police to take him into custody.

Similarly, violent protests on October 5, also called by the PTI chief, led to the registration of two additional cases, one at Taxila Police Station and the other at Naseerabad Police Station.

Both cases were filed under anti-terrorism laws, giving police further grounds for possible arrest.

Sources added that after taking the release order for the new Toshakhana case, Adiala Jail authorities will formally inform the PTI chief’s legal team in writing.

But without addressing outstanding bail bonds and other legal challenges, his release remains uncertain.

Imran and his wife Bushra Bibi were first arrested on July 13, shortly after they were acquitted in the Iddat case on the same day. While Bushra Bibi was granted bail by the IHC last month and subsequently released from Adiala Jail on October 24, Imran remained in custody since his arrest in the Toshakhana case on August 5 last year.

In recent legal proceedings, the Federal Investigation Agency (FIA) accused the couple of holding an expensive Bulgari jewelery set (consisting of a necklace, earrings, bracelet and rings) gifted by a foreign leader, far below its value.

In September, Special Judge Central Shahrukh Arjumand had scheduled the indictment to be published on October 2, but at the request of the defense lawyer, the indictment was postponed to October 5. On October 4, Judge Arjumand rejected their request for post-arrest bail.

The National Accountability Bureau (NAB) has filed a reference accusing the couple of illegally withholding a jewelery set gifted by the Saudi royal family during their visit to the kingdom in May 2021.

NAB alleges that the PTI chief and his wife received 108 gifts from foreign dignitaries during Imran Khan’s tenure as prime minister. Of these, 58 gifts were allegedly withheld for a paltry sum exceeding Rs 142 million.

Following the Supreme Court’s ruling in September upholding changes to the NAB laws, the case was transferred from a liability court to a special court under the FIA’s jurisdiction.

Imran Khan’s legal troubles continue to escalate with both the FIA ​​and NAB filing separate cases against him and his wife, highlighting allegations of misuse of government gifts and financial irregularities.